Child Abuse and Neglect

Child Abuse or Neglect #4054: 

Because of daily contact with school-age children, educators and other school employees are in a unique position to be on the lookout for abused and/or neglected children and to refer them for treatment and protection. It shall be the practice of Exeter-Milligan Public Schools to comply with state law related to abuse and neglect and to cooperate fully with agencies charged with the responsibility of receiving and investigating such reports. 

Nebraska Law: Basis for Intervention 

"When any physician, medical institution, nurse, school employee, social worker, or any other person has reasonable cause to believe that a child or an incompetent or disabled person has been subjected to abuse or neglect, or observes such person being subjected to conditions or circumstances which reasonably would result in abuse or neglect, (s)he shall report such incident or cause a report to be made to the proper law enforcement agency." 

The failure to report cases of child abuse or neglect in Nebraska constitutes a Class III misdemeanor and may carry a maximum fine for $100. 

Legal Definitions 

Child Any person 18 years of age or younger. 

Abuse or neglect  Knowingly, intentionally, or negligently causing or permitting a minor child or an incompetent or disabled person to be (1) placed in a situation that endangers his or her life or physical or mental health; (2) cruelly confined or cruelly punished; (3) deprived of necessary food, clothing, shelter or care; (4) left unattended in a motor vehicle, if such child is six years of age or younger; or (5) sexually abused. 

Reporting Procedure 

1. Any teacher or other school employee who suspects that a child has been physically abused or neglected shall report this immediately to the building principal. 

2. The building principal shall immediately contact the school nurse. The school nurse and the principal shall investigate the incident immediately. Whenever possible, the investigation should be conducted within 24 hours of receiving the initial report. The principal shall determine whether a report shall be made through the schools. If so, a report shall be made by the principal to the Fillmore County Office of Social Services. The principal shall inform the employee(s) who made the initial report whether the school has made a report to the Fillmore County Office of Social Services and, if no such report has been made, the employee(s) may file such a report if he, she or they believe that a child has been abused or neglected. 

3. If the safety or well-being of the child is thought to be in jeopardy, the report shall be made immediately to the Exeter or Milligan Police Department or the Fillmore County Sheriff's Department. 

4. If there is any doubt or question in reporting such cases, the doubt shall be resolved in the favor of the child. Consultation between administrator and school employee is encouraged, keeping in mind that prompt reporting is essential. An oral or written report shall be made as soon as possible. 

Contents of the Report 

In compliance with state law, the report to authorities shall contain (to the extent available) the following information: (1) name and position of reporting person; (2) name, address, and age of abused or neglected person; (3) address of the person or persons having custody of the abused or neglected person; (4) the nature and extent of the abuse or neglect, or the conditions and circumstances which could reasonably be considered abuse or neglect; and (5) any other information which may be useful in establishing the cause of such abuse or neglect and the identity of the persons involved. 

Professional Conduct 

School employees shall not contact the child's family or any other persons to determine the cause of the suspected abuse or neglect. School employees shall not have the responsibility to prove that the child has been abused or neglected, or to determine whether the child is in need of protection. 

Legal Immunity 

In Nebraska, any person making a good faith report on child abuse or neglect, or participating in a judicial proceeding resulting from such a report, has legal immunity from any liability, civil or criminal, that might otherwise be incurred. 

Interviewing and /or Removing of student(s) 

Social service and/or law enforcement personnel will complete the appropriate school form before interviewing and/or removing the student(s) from school premises. It shall be the responsibility to contact the affected parents or guardians of such removal.